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B-163443 1 (1976-09-02)

handle is hein.gao/gaobaddag0001 and id is 1 raw text is: DECISION FILE: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 A I 94 4 DATE: SEP B-163443 MATTER OF: 2 1976 Department of Defense Military Pay and Allowance Committee Action No. 525 DIGEST: 1. Administrative waiver action taken by the military services on voidable fraudulent enlistments, with a conditional sus- pension of execution of discharge pending member's future good behavior, is con- trary to guidance furnished in 54 Comp. Gen. 291 (1974). 2. Once an administrative determination is made as to fraudulent enlistment, the fraud should be waived or the individual should be promptly released from military control. This action is in response to letter dated May 18, 1976, from the Assistant Secretary of Defense (Comptroller) requesting a decision on a question concerning fraudulent enlistments as presented in Department of Defense Military Pay and Allowance Committee Action No. 525, enclosed with the letter. The question presented is: In the case of an enlistment that is determined to be fraudulent, may the Services administratively waive the fraud for the purpose of pay and allow- ances by conditionally allowing the enlistment- contract to stand? As background, the Committee Action discussion states that Department of Defense (DOD) Directive 1332.14, September 30, 1975, provides for administrative discharges by reason of misconduct for fraudulent enlistments which are voidable, and that the same directive authorizes the discharge authority or higher authority to suspend execution of an approved administrative discharge for a specified period of time. The discussion further states that in accordance with Rule 2 of Table 1-4-1, Department of Defense Military Pay and djb PUBLISHED DECISION 55 Comp. Gen ........

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